Joint Meeting works on RID/ADR/ADN

AHEAD OF THE GAME

ROAD/RAIL • THE JOINT MEETING OF RID/ADR/ADN EXPERTS HAS BEGUN WORK ON THE 2021 EDITIONS OF THE REGULATIONS; THERE ARE ALREADY PLENTY OF CHANGES IN STORE

THE AUTUMN 2018 Joint Meeting of the RID Committee of Experts and the Working Party on the Transport of Dangerous Goods (WP15) took place in Geneva from 17 to 21 September. The meeting was chaired by Claude Pfauvadel (France) with Helmut Rein (Germany) as vicechair. It was attended by representatives of 23 full members, the European Commission (EC), the EU Agency for Railways (ERA), the Organisation for Cooperation between Railways (OSJD) and 13 non-governmental organisations.

The main aim of the meeting was to start work on the 2021 amendments to the various sets of regulations that govern the transport of dangerous goods in Europe (and, increasingly, elsewhere) by the surface modes: RID (rail), ADR (road) and ADN (inland waterways). The Joint Meeting exists to ensure harmonisation as far as possible between those three sets of rules, with each modal body left to agree the regulations that address mode-specific issues.

TANKS MATTERS As is the usual procedure, documents relating to the transport of dangerous goods in tanks were passed over to the Working Group on Tanks, which met for the first three days under the chairmanship of Arne Bale (UK).

Construction certificate France sought to include a requirement in 6.8.2.1.8 for a type 3.1 certificate in accordance with EN 10204 for the construction material of the tank shell. The Working Group noted that, although a reference is included in the tank construction standards, the latest revision of EN 14025 no longer includes it. It was agreed that it would be more appropriate for the reference to a type 3.1 certificate to be in the test standard rather than 6.8.2.1.8.

In the meantime, it was suggested that the Working Group on Standards agree to add a note in the table in 6.8.2.6.1, against EN 14025:2018, reading: Materials of shells shall at least be attested by a type 3.1 certificate issued in accordance with standard EN 10204.

Amendments to standards Another paper from France followed up on earlier discussions on standards that were due to be updated. The revisions had not been available in time to be included in the 2019 texts of the regulations, which will, according to the French paper, have serious consequences for competent authorities, inspection bodies and tank manufacturers. France felt it would be deleterious if standards that had been drawn up in 2017 were to be held back until the 2021 texts and, if the usual procedure is followed, become mandatory only in 2023.

After discussion in plenary, it was decided that it was not feasible to introduce a reference to EN 12972:2018 before the 2021 edition of RID/ADR. However, the 2007 edition is no longer in line with the regulations, so it was suggested that the UN Economic Commission for Europe (ECE) and the Intergovernmental Organisation for International Carriage by Rail (OTIF) should publish guidance on their website to urge competent authorities to approve as soon as possible the use of EN 12972:2018 for the testing and inspection of tanks according to 6.8.2.7.

FRP tanks A paper from the Netherlands addressed tank codes and calculation pressures for fibrereinforced plastics (FRP) tanks. Although only a few countries had experienced problems, most experts supported a clarification of the requirements for these tanks. As a result, a new paragraph was added in Chapter 1.6; in ADR this will appear as 1.6.3.100.2, with the existing two paragraphs under 1.6.3.100 being merged; in RID it will appear as a new 1.6.4.55. The ADR text reads: FRP tanks constructed before 1 July 2021 in accordance with the requirements in force up to 31 December 2020 but which do not, however, meet the requirements for the marking of the tank code of 6.9.6.1 applicable as from 1 January 2021 may continue to be marked in accordance with the requirements applicable up to 31 December 2020 until the next periodic inspection after 1 July 2021.

The RID text is the same except that it refers to ‘FRP tank-containers’.

A new third indent is added in 6.9.6.1. In ADR this reads: - where a tank code is required in accordance with 6.8.2.5.2, the second part of the tank code shall indicate the highest value of the calculation pressure for the substance(s) permitted for carriage according to the type approval certificate.

The RID text reads: - the second part of the tank code shall indicate the highest value of the calculation pressure for the substance(s) permitted for carriage according to the type approval certificate.

Liquid surge An informal document from the Netherlands introduced a new technology designed to absorb the kinetic energy of a liquid in a tank during deceleration. The system consists of a gas-filled bag that occupies the ullage space inside the tank, preventing the movement of the liquid. It is said to eliminate the pulse in the liquid during deceleration and also to prevent sideways sloshing during cornering, reducing the risk of the vehicle overturning.

The presentation raised several issues and prompted interested discussion. It was felt that there were some particular issues pertaining to the carriage of dangerous goods that needed to be considered in more detail.

Tank operator The International Tank Container Organisation (ITCO), in an informal document, raised an issue of definition. Currently, the definition of a tank-container/portable tank operator is the enterprise that has registered the tank; in practice, however, many tank containers are registered by investment companies that lease tanks to operators. In RID, the definition also applies to operators of tank-wagons, where the word ‘keeper’ is also used.

ITCO was invited to submit an official document for a future session, at which point a decision could be made.

Inspection and certification The UK reported on the ongoing work of the informal working group on the inspection and certification of tanks, which is aiming to develop an administrative system to allow for national systems for the appointment of inspection bodies, as an alternative to accreditation according to EN ISO/IEC 17020.

The European Commission raised some concerns about terminology, while on a broader basis it was pointed out that the current proposals seemed to be more appropriate for ADR than RID and that more work would be needed to address the periodic inspection of tank wagons. The informal working group was due to meet again in December, with the aim of submitting a definitive proposal at the spring 2019 session of the Joint Meeting.

Filling of shells Switzerland proposed an amendment to 1.4.3.3(e), which currently requires the filler of a tank, battery-wagon/battery-vehicle or multiple-element gas container (MEGC) to check that the tank is not overfilled. However, 4.3.2.2.4 also prescribes a »

TANK CONSTRUCTION STANDARDS HAVE

minimum degree of filling for certain tanks. It was agreed that it would make sense to delete the word ‘maximum’ from 1.4.3.3(e), twice, to oblige the filler to also observe the minimum degree of filling, where applicable.

Waste tanks The UK, in an informal document, returned to the inconclusive discussions at the previous session as to whether 6.8.2.1.28, which concerns the protection of equipment mounted on top of vacuum-operated waste tanks, is completed or modified by requirements in Chapter 6.10. As this paper was being discussed, it was apparent that there are very different approaches to the topic; also, demountable tanks and tank containers may have different requirements. It was decided that, if discussion of this subject is to continue, it would be useful if an official document could be presented at the next session; the UK offered to oblige.

Inspections and tests Battery-wagons/vehicles and MEGCs consisting of tanks must be periodically inspected at intervals specified in 6.8.3.4.12 to 6.8.3.4.6. The latter paragraph only applies to cryogenic tanks and, as refrigerated liquefied gases are not permitted in battery wagons/ vehicles and MEGCs, the normal periodicity in 6.8.2.4 should apply. It was agreed that, in the penultimate sentence of 6.8.3.4.12, reference to 6.8.3.4.6 should be deleted, so that it will now read: Battery wagons/vehicles and MEGCs the elements of which are tanks shall be inspected according to 6.8.2.4.2 and 6.8.2.4.3.

In an informal document, Poland highlighted the difference between the requirement in 4.3.2.3.7 that tanks, batterywagons/vehicles and MEGCs filled before the date of expiry of the last periodic inspection may be carried for a period not to exceed one month, and the provision in 6.8.2.4.3 that allows the intermediate inspection to be performed up to three months after the specified date.

It was agreed that there is an inconsistency; Poland was invited to submit an official document to standardise the two provisions with a three-month allowance. SETTING STANDARDS The Joint Meeting was advised by the European Committee for Standardisation (CEN) that a new systems of harmonised standards consultants (HAS) was introduced on 1 April 2018; so far, no HAS consultant with suitable experience in dangerous goods matters has been identified. After an exchange of views, the Joint Meeting asked the CEN representative to check whether a suitable candidate could be found to continue the work done prior to the new arrangements in verifying the compatibility of draft standards with the requirements of RID/ADR/ADN. An update will be provided at the spring 2019 session.

The Working Group on Standards met during lunch breaks and made a series of proposals that were adopted by plenary.

In the table in 6.2.4.2, the text in column (3) is changed to “Until 31 December 2022” against UN 1802:2002 (except annex B) and EN 1968:2002+A1:2005 (except annex B); a new line is added underneath for EN ISO 18119:[2018] Gas cylinders – Seamless steel and seamless aluminium-alloy gas cylinders

and tubes – Period inspection and testing. This standard is mandatory from 1 January 2023. There is a Note attached: Notwithstanding clause B.1 of this standard, all cylinders and tubes whose wall thickness is less than the minimum design wall thickness shall be rejected.

The text of Note 3 to 6.2.3.5.1 is amended to read: The check of 6.2.1.6.1 (b) and the hydraulic pressure test of 6.2.1.6.1 (d) may be replaced by ultrasonic examination carried out in accordance with EN ISO 18119:[2018] for cylinders and tubes of seamless steel or seamless aluminium alloy. Notwithstanding clause B.1 of this standard, all cylinders and tubes whose wall thickness is less than the minimum design thickness shall be rejected.

A new transitional provision is added at 1.6.2.16:

The requirements of NOTE 3 of 6.2.3.5.1 applicable until 31 December 2020 may continue to be applied until 31 December 2022.

In 6.2.4.1 under ‘For design and construction’, the text in column (4) against EN 12807:2008 is amended to read “Between 1 January 2009 and 31 December 2022”. A new line is added underneath for EN 12807:[2019].

For ADR only, in 6.8.2.6.1, under ‘For design and construction of tanks’, the text in column (4) against EN 12493:2013+A1.2014+AC 2015 (except Annex C). A new line is added underneath for EN 12493:2013+A2.2018 (except Annex C). There is a consequential amendment in TT11 in 6.8.4(d).

As the Working Group on Tanks had already highlighted, some standards that should have been referenced in the 2019 texts were not ready in time and will have to be held over to the 2021 editions. The Working Group on Standards recommended that, in those cases, a one-year transitional period should be allowed, except for EN 12972, for which the Working Group on Tanks urged a six-month transitional period.

In 6.8.2.6.1, under ‘For design and construction of tanks’, the text in column (4) against EN 14025:2013+A1:2016 is revised to read: “Between 1 January 2017 and 31 December 2021”. Two new rows are added underneath for EN 14025:2018 and EN 12972:2018.

In 6.8.2.6.2, the text in column (4) against EN 12972:2007 is replaced by “Until 30 June 2021”. A new row is added underneath for EN 12972:2018, which will be mandatory from 1 July 2021.

For ADR only, in 6.8.2.6.1, under ‘For equipment’, the text in column (4) against EN 13317:2002+A1:2006 is changed to “Between 1 January 2009 and 31 December 2021”. A new row is added underneath for EN 13317:2018.

In 6.2.4.2, the text in column (3) against EN 1440:2016 (except Annex C) is replaced by “Until 31 December 2021”. A new row is added underneath for EN 1440:2016+A1:2018 (except Annex C), which will be mandatory from 1 January 2022.

Also in that paragraph, the text in column (3) against EN 16728:2016 (except clause 3.5, Annex F and Annex G) is replaced by “Until 31 December 2021”. A new row is added »

underneath for EN 16728:2016+A1:2018, which will be mandatory from 1 January 2022.

In 6.2.4.1, under ‘For closures’, the text in column (4) against EN ISO 17871:2015 is replaced by “Between 1 January 2017 and 31 December 2021”. A new row is added underneath for EN ISO 17871:2015+A1:2018.

PROPOSALS FOR AMENDMENT Ammonium sulphide Spain returned with an official submission after initiating discussion at the spring 2018 session on the hazard identification number (HIN) for UN 2683 ammonium sulphide solution. Spain contended that ‘836’ would be more accurate than the ‘86’ currently assigned, as two subsidiary hazards are recognised for the entry in the Dangerous Goods List. Although there had been some opposition last time around, at the autumn meeting it was agreed that the change should be made.

Mixed loading Germany had come up against a problem: how to apply the mixed loading prohibitions in 7.5.2 when packages contain dangerous goods for which no danger labels are prescribed in the Dangerous Goods List (in this case UN 2211 and 3314). Germany felt that the only restriction that was justified was to prohibit their mixed loading with explosives.

The Joint Meeting agreed with Germany’s argument but, rather than amend 7.5.2.1, adopted a new special provision applicable to those UN numbers: 675 For packages containing these dangerous goods, mixed loading with substances and articles of Class 1, with the exception of 1.4S, shall be prohibited.

Special provision 556 Germany had noticed that special provision 556 had only ever been assigned to UN 3207 Organometallic compound, or solution, or dispersion, water-reactive, flammable, nos. This UN number had been deleted as from 1 January 2005 but SP 556 is still there. The Joint Meeting agreed that this was an oversight and deleted SP 556.

Aerosol dispensers The European Aerosol Federation (FEA) proposed to amend the text in 6.2.6.1.5 to increase the maximum allowed internal pressure of aerosol dispensers from 1.32 MPa to 1.5 MPa (at 50˚C), to align the provisions in RID/ADR/ADN with amended provisions in the EU’s Aerosol Dispensers Directive (75/234/EEC).

The Joint Meeting, after some discussion, agreed to the change but invited FEA to consider the need to address the matter from a multimodal perspective. FEA should, it was felt, take the proposal to the UN Subcommittee of Experts. Nonetheless, it was agreed to amend the first sentence of 6.2.6.1.5 to read: The internal pressure of aerosol dispensers at 50°C shall exceed neither two-thirds of the test pressure nor 1.2 MPa (12 bar) when using flammable liquefied gases, 1.32 MPa (13.2 bar) when using non-flammable liquefied gases, and 1.5 MPa (15 bar) when using non-flammable compressed or dissolved gases.

UN 1010 butadiene Spain had noticed that the proper shipping names for UN 1010 differ in the UN Model Regulations and RID/ADR/ADN. Spain had done some detective work and identified the source of the divergence; it had also determined that there have been no problems in the US with the carriage of UN 1010. Also, the introduction of 2.2.2.2.1 into RID/ ADR includes a general requirement for the carriage of chemically unstable gases.

The Joint Meeting noted that the UN Model Regulations specifically restrict UN

1010 to mixtures with more than 40 per cent butadiene, whereas RID/ADR have no such restriction, albeit it seems that butadiene mixtures with less than 40 per cent butadiene are not shipped. In general, the proposal received support but it seemed that more work was needed. Spain was invited to return with a proposal identifying the nos entries that might be used if mixtures with less than 40 per cent butadiene were to be shipped and to check whether they have multimodal applicability.

Limited quantities The Council on Safe Transportation of Hazardous Articles (COSTHA) proposed an amendment to Chapter 3.4 that would allow consumer goods falling under the limited quantity provisions to be shipped using the retail display pack as the outer packaging, up to a maximum gross mass of 550 kg. This would be in line with the provisions in the US Hazardous Materials Regulations (HMR).

The proposal drew opposition on a number of grounds, not least that 550 kg is far greater than the current 30 kg limit. Also, would such packs pass a drop test? How would enforcement agencies ensure that dangerous goods packaged in this manner were in fact destined for retail distribution? COSTHA’s representative said the views expressed would be taken into account and the Council would consider submitting a proposal to the UN Sub-committee of experts.

EEC Directives Russia, ever alert to the potential for RID/ ADR/ADN to become dominated by the EU states, sought deletion of the references to three elderly EEC directives in 6.2.4.1. On the one hand, Russia said that an EU directive is a legislative act and cannot be treated in the same way as a standard, which can have applicability outside the borders of the EU. What is more, these three directives, 84/525/ EEC, 84/526/EEC and 84/527/EEC, are no longer in force. This, in Russia’s view, not only violates the principles of legal practice but also has the potential to mislead.

The Joint Meeting reiterated its earlier opposition to the deletion of these references, not least on the basis that there remains a significant level of demand for cylinders designed and constructed in accordance with the technical specifications of the annexes to the three directives. Some delegations suggested adding a note against the references to clarify the position. Pending further action, and while CEN is developing a standard, the following note has been added against the references to those directives in column (2) of the table in 6.2.4.1: Notwithstanding the repeal of the directives 84/525/EEC, 84/526/EEC and 84/527/EEC as published in the Official Journal of the European Communities No. L300 of 19.11.1984 the annexes of these directives remain applicable as standards for design, construction and initial inspection and test for gas cylinders. These annexes may be found at: https://eur-lex.europa. eu/oj/direct-access.html.

Incident reporting Austria noted a discrepancy between the reporting requirement in 1.8.5.1 and the obligations described in 1.4.2 and 1.4.3. It seems that, if an incident occurs during unloading, it is not the unloader but the consignee who is responsible for making the report. Austria felt this stemmed from a time when the regulations had not yet included provisions for the unloader. Its paper proposed replacing “consignee” with “unloader” in 1.8.5.1.

The Joint Meeting was of the opinion that “consignee” should not be deleted; however, it did see the merit in adding “unloader”, inserting that after “carrier” in 1.8.5.1. The debate also raised further questions about the different roles and responsibilities in the transport chain and the different practices allowed in various countries. It was felt that this was a topic that might usefully be addressed by an informal working group. The spring 2018 Joint Meeting had already discussed the establishment of such a group, following an ERA report on risk assessment in the transport chain. France volunteered to take the lead in organising the work.

Articles containing PCBs Germany proposed amending 2.1.3.4.2 to provide uniform conditions of carriage for used articles containing polychlorinated biphenyls (PCBs) and other halogenated »

compounds, consigned under UN 2315, 3151, 3152 or 3432, that are contaminated with substances of Division 6.1. Such articles include transformers and condensers; packing instruction P906 provides non-design type-approved packagings or unpacked carriage in metal trays, which allows large devices to be carried.

In Germany, national provisions have been applied, which requires such devices to be classified as toxic and assigned to UN 2810 or 2811. However, it may be the case that there is a measure of international transport and it would be useful to have a consistent approach.

The Joint Meeting agreed and, with some amendment, adopted the German proposal to add a new 2.1.3.4.3: Used articles, e.g. transformers and condensers, containing a solution or mixture mentioned in 2.1.3.4.2 shall always be classified under the same entry of Class 9, provided: (a) they do not contain any additional dangerous components, other than polyhalogenated dibenzodioxins and dibenzofurans of Class 6.1 or components of packing group III of classes 3, 4.1, 4.2, 4.3, 5.1, 6.1 or 8, and

PROVISIONS FOR RAIL TRANSPORT HAVE TO TAKE INTO (b) they do not have the hazard characteristics as indicated in 2.1.3.5.3 (a) to (g) and (i).

Lithium battery label Russia proposed amending 5.2.2.2.1.3 and 5.2.2.2.1.5 to avoid the repetition of information and simplify the presentation of requirements for wording included on labels. The Joint Meeting noted that Russia had already presented a similar proposal to the UN Sub-committee of Experts and felt that it would only be proper to act once that Sub-committee had made its decision.

Polymerising substances Germany had spotted some inconsistencies in the wording of special provision 386, introduced into RID/ADR/ADN in 2017, and the reference to 2.2.41.1.17. The Joint Meeting agreed that the reference in SP 386 should point to 2.2.41.1.21 and made that change.

Valves and accessories In RID/ADR, 6.2.3.6.1 allows the conformity assessment of valves and other demountable accessories on non-UN refillable pressure receptacles to be carried out separately from the receptacles themselves. However, as France had noticed, there is no corresponding provision in 6.2.2.11 for UN pressure receptacles; in an informal paper, it urged harmonisation of the two paragraphs.

The Joint Meeting agreed with the idea and asked France to prepare an official proposal for the next session.

Carriage of DOT pressure receptacles The European Industrial Gases Association (EIGA) updated the Joint Meeting on ongoing discussions on the mutual recognition of pressure receptacles between the US and RID/ADR/ADN states. Its paper included draft text for inclusion as a new 1.1.4.7. EIGA will continue to work with interested parties in Europe and the US with a view to submitting a final proposal at a future session.

WORKING GROUP REPORTS Telematics The informal working group on telematics had met in London in early June and agreed a memorandum of understanding to support the development of a harmonised system for the use of electronic transport document in light of 5.4.0.2 and 5.4.1. The MOU does not create a regulatory obligation and no issues related to its implementation had been identified. Some delegations were worried by the lack of information on functional requirements and technical specifications; they also considered that activities on telematics currently under development at European level should take account of the work being done by the

informal working group. The group’s next meeting was lined up to take place in Vienna in November.

Risk and hazard Romania and the International Union of Railways (UIC) reported on progress being made by the informal working group on the drafting of definitions for ‘risk’ and ‘hazard/ danger’, which had met in the Hague in June. The group had reviewed the English, French and German texts of RID, ADR and ADN and identified all the places where these words were used; it also identified places where they might usefully be replaced by something else so as to avoid confusion.

The Joint Meeting welcomed the results of the work but suggested that Romania bring the proposed changes to the attention of the UN Sub-committee of Experts. The Joint Meeting, wary of making changes to the Instructions in Writing too frequently, opted to hold some suggested changes until the next time other amendments are made, although Romania pointed out that a proposal to amend footnote b in the Instructions had been placed before WP 15; this change, if adopted, would have a twoyear transitional provision.

The Joint Meeting invited Romania to prepare an official proposal for the next session, even though the informal working group is not due to meet again until mid-June 2019.

OTHER BUSINESS Germany reported on a road accident that occurred in February 2018: a semi-trailer carrying three vats of molten aluminium skidded and overturned on the A38 motorway between Grosswechsungen and Bleicherode; one vat was damaged in the crash and spilled most of its load – some 5,400 kg of molten aluminium at 800˚C. The driver received minor injuries in the accident, which caused material damage estimated at some €270,000. Around 100 m² of road surface had to be replaced. Germany sought to open discussion on whether some regulatory action might be warranted.

The Joint Meeting noted that such transport takes place in several countries and is currently addressed differently at the national level. It invited delegations to provide Germany with information on the types of approvals and authorisations granted in their countries so that a document might be prepared for a future session.

The secretariat had continued work to identify all the places in ADR that refer to a ‘competent authority’, with the aim of establishing unequivocally which competent authority or authorities are being referred to in each case. Its work had expanded to include the concepts of ‘country of origin’, ‘country of destination’, ‘country of carriage’ and ‘country of use’.

The Joint Meeting decided that this needed to be considered by an informal working group. It invited interested delegations to propose terms of reference for the group at the spring 2019 session.

The International Road Transport Union (IRU) gave a presentation on e-learning for transport operators, which identified a number of current e-learning programmes and reviewed the existing legislative background. It was noted that e-learning is addressed differently at the national level and there were those who were of the opinion that the decision to allow e-learning for RID/ADR/ADN purposes, as well as the definition of the conditions under which a training body could be approved to deliver such training should be left to the discretion of the competent authorities. Others considered that it would be beneficial to define a general framework in RID/ADR/ADN.

The Joint Meeting invited IRU to continue work on the topic and to make a formal proposal both to the Joint Meeting and to the modal authorities.

The Joint Meeting was informed that Helmut Rein was attending for the last time before his imminent retirement. The Joint Meeting expressed its appreciation for his work over more than two decades and wished him a long and enjoyable retirement. His place as vice-chair will be taken by Silvia García Wolfrum (Spain), at least for 2019. HCB

The spring 2019 session of the Joint Meeting will take place at the headquarters of the Universal Postal Union (UPU) in Bern, Switzerland from 18 to 22 March.